Employment

Developments in Employee Mobility: California vs. Delaware

Crafting employment agreements that protect a company’s legitimate interests upon separating from its executives can be daunting. Which state’s laws apply? Have those laws changed since your last employee signed your agreement? How can you protect your competitive edge while minimizing litigation risk? This year a new California law took effect that even more broadly… Continue reading Developments in Employee Mobility: California vs. Delaware

Arbitration

Arbitration Agreement Enforceability and Consumer Protection Claims in California post-Viking River

Tl;dr: Background: In last summer’s Viking River decision, the U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) partly preempts the California rule that had prohibited the compelled arbitration of claims under the state’s Private Attorney General Act (“PAGA”).[2] Instead, California courts must permit the division of such claims into arbitrable individual claims and… Continue reading Arbitration Agreement Enforceability and Consumer Protection Claims in California post-Viking River

Corporate Compliance

DOJ Policy Developments

Recent DOJ policy pronouncements will have a material effect on how organizations should respond to and investigate reports of internal misconduct.  Check out the article in Law360 by our Partner Jeff Bornstein and senior paralegal Roxanne Vorkoeper, “Next Steps for Counsel Under Latest DOJ Disclosure Policy.”  They analyze the ramifications of those pronouncements and offer… Continue reading DOJ Policy Developments

Criminal Defense

Overbroad Searches and Seizures

I co-wrote a piece for the ABA Litigation Section’s quarterly journal, “Overbroad Searches and Seizures,” with Mark Mermelstein of Holmes Taylor Athey Cowan Mermelstein & Jones LLP, and Alison Epperson of Orrick LLP, 48 Litigation Vol. 1 (Oct. 2021).  We analyze the government’s increasingly common practice of serving overbroad search warrants on tech giants like… Continue reading Overbroad Searches and Seizures

Criminal Defense · Parallel Proceedings

3-D Chess: Protecting Your Client in Parallel Proceedings

I will be moderating a panel of terrific lawyers at the National Association of Criminal Defense Lawyer’s 2017 West Coast White Collar Conference in Santa Monica on June 22, 2017.  The program is called “3-D Chess:  Protecting Your Client in Parallel Proceedings,” featuring Miles Ehrlich of Ramsey & Ehrlich, Emily Aviad from Skadden, and Jacob… Continue reading 3-D Chess: Protecting Your Client in Parallel Proceedings

CLE · Motions · Trials

The Strategic Use of Motions During and After Trial

I’m delighted to be teaming up again with Marin County Superior Court Judge Stephen Freccero and star antitrust litigator from Baker Botts LLP Stuart Plunkett to discuss effective ways to use trial and post-trial motions.  The program, sponsored by Continuing Education of the Bar, will take place on November 30 from 12 – 1 pm,… Continue reading The Strategic Use of Motions During and After Trial

CLE · Corporate Compliance

Effective Corporate Compliance

I recently recorded an online webinar, “Maintaining Effective Corporate Compliance Programs Under DOJ’s Heightened Standards,” with Peter Anderson, a leader of the White Collar and Environmental Crimes Practice Group at Beveridge & Diamond PC, and Jonny Frank, a Partner at StoneTurn Group. The discussion program was organized and moderated by long-time Southern California white collar… Continue reading Effective Corporate Compliance